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medical provider liability with emotional support animal?

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apiro

Member
Can a medical provider who writes a letter for an "Emotional Support Animal" (ESA) be held liable for later injuries?

Letter provided for housing purposes in the state of Texas. Letter is simply stating this person has a disability and would benefit from an ESA. Later the animal causes injury (either personal or property).

Secondarily, does length of provider patient relationship play a role in your answer?
 


Just Blue

Senior Member
Can a medical provider who writes a letter for an "Emotional Support Animal" (ESA) be held liable for later injuries?

Letter provided for housing purposes in the state of Texas. Letter is simply stating this person has a disability and would benefit from an ESA. Later the animal causes injury (either personal or property).

Secondarily, does length of provider patient relationship play a role in your answer?
WE don't do homework.
 

PayrollHRGuy

Senior Member
While anyone can sue anyone for just about anything they chance of someone successfully suing a medical provider for that are pretty close to zero.

This might change if the medical provider actually trained and sold the animal.

Why do you ask?
 

quincy

Senior Member
It is the owner of the animal who is (in most cases) held liable for injuries caused by their animal.
 

quincy

Senior Member
Its hypothetical. I work in a health clinic, and am trying to assess risk the the providers who believe they might have some sort of liability. I cant personally find any precedent so thought Id ask the hive, thanks.
We tend not to entertain hypotheticals on this forum. You should speak to your insurer and go over your coverage.
 

apiro

Member
While it may be hypothetical, its a question about legal precedent relating to the framed question. I think your answers are not that you know of.

Thanks.
 
What sort of animal?
Not many documented attacks from a support hamster or goldfish:)
And the letter regarding accommodation says that the disabled person would 'benefit' from the support animal, not that the animal is essential.
I'm guessing that the terms of the lease are for no pets and this claim that the animal is for support is simply a way of trying to negate that clause and keep a pet.
 

quincy

Senior Member
While it may be hypothetical, its a question about legal precedent relating to the framed question. I think your answers are not that you know of.

Thanks.
No. It is that we do not do hypotheticals on this forum. :)

I can tell you that no animal can damage property or cause injury and get a free pass just because they are a support animal.

I again recommend you speak with your insurance agent.
 

Taxing Matters

Overtaxed Member
Can a medical provider who writes a letter for an "Emotional Support Animal" (ESA) be held liable for later injuries?

Letter provided for housing purposes in the state of Texas. Letter is simply stating this person has a disability and would benefit from an ESA. Later the animal causes injury (either personal or property).

Secondarily, does length of provider patient relationship play a role in your answer?
No. A letter simply stating that an individual would benefit from an ESA would not result in any liability for the medical professional who wrote it should the animal hurt someone later. The medical provider is not controlling the animal or attesting the safety of the particular animal the patient picks for his/her ESA.
 

apiro

Member
No. A letter simply stating that an individual would benefit from an ESA would not result in any liability for the medical professional who wrote it should the animal hurt someone later. The medical provider is not controlling the animal or attesting the safety of the particular animal the patient picks for his/her ESA.
thank you for getting to the heart of the matter.
 

quincy

Senior Member
It depends on all facts, though. The provider-patient relationship can play a role.

You are lucky someone on this forum (TM) likes hypotheticals.
 

apiro

Member
I cant find any rules about not posting hypotheticals. Its okay if you don't want to answer, because of your personal beliefs related to hypotheticals, whatever they may be, or that you just don't know of any precedent to point to, but its starting to feel like trolling.
 

quincy

Senior Member
I cant find any rules about not posting hypotheticals. Its okay if you don't want to answer, because of your personal beliefs related to hypotheticals, whatever they may be, or that you just don't know of any precedent to point to, but its starting to feel like trolling.
Well ... if it's trolling, I've been doing it since 2007. ;)

This forum has always had an unwritten policy to not help students with homework and to not answer hypothetical questions.

The reason for the first is that the teacher is testing the student's knowledge not ours, and the reason for the second is that we are not a discussion forum. Hypotheticals can veer off into too many different directions and solves no problems.

This forum is designed to address real and current legal issues.

There are plenty of other sites that will play around with hypothetical questions, though. Perhaps you can find one?
 
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